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p. 942Maryanne Szymanski, as Administratrix of the Estate of Robert D. Szymanski, Deceased, Appellant, v Michael P. Holenstein et al., Respondents. (Appeal No. 2.) [788 NYS2d 902]
Appeal from an order of the Supreme Court, Erie County (Kevin M. Dillon, J.), entered December 19, 2003. The order denied plaintiffs motion seeking to set aside a jury verdict in defendants’ favor in a wrongful death action.
It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs {see Smith v Catholic Med. Ctr. of Brooklyn & Queens, 155 AD2d 435 [1989]; see also CPLR 5501 [a] [1]). Present — Scudder, J.P, Kehoe, Smith, Pine and Hayes, JJ.